SilverCrest Monsieur Cuisine Connect

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Besides, it must pay the costs of the lawsuit and damages to Vorwerk for the damages caused, the amount of which will be determined in the enforcement procedure once the judgment has become final. In the present case, Vorwerk took action against German retail group Lidl and German import company Hoyer. As regards the requirement of inventive step, the Judgment analyses the differences between the two companies’ food processors in the safety system of the glass in which the food is introduced. When selecting our materials and suppliers, we pay attention to the highest quality, sustainability and absolute trust, which you will find in each of our products. Lidl argued that there were many similar items on the market, and that Thermomix lacked any novel features.

However, “ it is precisely in the simplicity that the inventive step lies, because the person skilled in the art must overcome the mental barrier that no one has done something so supposedly simple before“. It is interesting to examine case law regarding non-conventional signs like three-dimensional trade marks.Last week, the Commercial Court in Barcelona ruled in favor of Vorwerk and held that the Lidl’s kitchen mixer constituted an infringement of Vorwerk’s patent rights. In January 2021, Lidl was forced to remove the food processor from its shelves in Spain as well as to cease all imports, storage, marketing, and advertising and Vorwerk was awarded damages. As a consequence, an application for declaration of invalidity was filed by Zeitneu before the EUIPO. Vorwerk has won an important second-instance victory against retailer Lidl over its Thermomix kitchen appliance. A wizard guides you through the set-up process, which is easy to use thanks to the large and bright display.

of 13 January 2022) upheld Lidl’s appeal, declaring Vorwerk’s patent invalid and the infringement non-existent. g. the Monsieur Cuisine Plus model) do not incorporate the patented weighing system and, therefore, are not affected and can continue to be marketed without problems. Thus, the Lidl robot does not need to stop the cooking process to open the lid, unlike the Thermomix. This is because Vorwerk has been the owner of the European patent “Kitchen Machine” (EP 1269 898) since 2002, which has also been validated for Spain. Also, it has to be mentioned that the TM5 did a slightly better job at this as there were still one or two slightly larger chunks in the Monsieur Cuisine and the tendon and sinew were not quite cut up in it.

Das Kochen macht einfach Spaß, man bekommt oft neue Rezepte dazu und mir haben bis jetzt alle Gerichte sehr gut geschmeckt. Multifunctional for cooking, frying, stewing, kneading, mixing, crushing, emulsifying, ice cream, fish, etc. But, on the other hand, the Court said that it would be “ more difficult to establish distinctive character in relation to such a three-dimensional mark than in relation to a word or figurative mark”.

Cross-claim lawsuit between Lidl and Vorwerk for alleged infringement of the Thermomix patent in Spain by Lidl's Monsieur Cuisine food processor. The Court's ruling considers that "the patent on which Vorwek relied to impute [to Lidl] the infringement of its rights is invalid for different reasons," according to a statement from the General Council of the Judiciary published on Wednesday. A. of Spanish patent ES 2 301 589, validation in Spain of European patent EP 1 269 898, owned by Vorwerk (also dismissing the patent nullity action filed by Lidl). The dispute focuses on whether the stirring vessel and the lid of the defendant’s product can be locked in such a way that it is impossible to act inside the stirring vessel during operation”, summarises the court. Lidl must also pay compensation and legal fees to Vorwerk, and has also been instructed to remove any products already in the hands of distributors.This latest verdict, made public on Wednesday, states that Vorwerk illegitimately expanded its patent's coverage while registering it and that the company's product did not meet what is known as the "inventive step" requirement for patents.